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Franklin County, WA Accessory Structures: ADU Owner Occupancy (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Occupancy minimum
8 months per year owner-occupied
Applies to
Attached ADUs under Section 17.66.050
Permit tie-in
Confirmed via accessory dwelling permit
Structural link
ADU must share roof with main dwelling
Nonconforming units
Older ADUs must still obtain the permit

Summary

Franklin County requires one of the two dwellings on a lot with an attached accessory apartment to be owner-occupied for at least eight months of the year. The rule, set in Section 17.66.050(G), keeps ADUs tied to owner-occupied properties rather than allowing both the main house and the apartment to be rented to separate tenants.

These county ordinances apply to unincorporated areas of Franklin County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

One accessory dwelling is permitted per single-family dwelling within all single-family districts under the following conditions: ... G.One dwelling must be owner-occupied for eight months of the year.

Full Breakdown

050 of the Franklin County zoning code authorizes one accessory apartment per single-family dwelling in single-family zoning districts, subject to a list of conditions. Subsection G states plainly that one dwelling must be owner-occupied for eight months of the year. Because the accessory apartment must share the same roof as the principal dwelling under Subsection B, the owner-occupancy condition effectively requires the property owner to live in either the main house or the attached apartment for at least eight of the twelve months in a year, closing off the option of renting both units to non-owner tenants simultaneously.

The requirement sits alongside other conditions in the same section: the apartment must have its own exterior entrance separate from the main entrance, its own kitchen and bathroom with no more than two bedrooms, and cannot exceed 40 percent of the principal dwelling's floor area or 800 square feet. An accessory dwelling permit, required under Subsection L before any building permit issues, is the mechanism the Planning and Building Department uses to confirm compliance with the owner-occupancy condition at the time of approval. Accessory dwelling units that lawfully existed before the ordinance codified in Title 17 took effect are treated as legal nonconforming uses under Subsection M, but those units are still required to obtain an accessory dwelling permit, which brings the owner-occupancy condition forward even for older, previously unpermitted apartments.

Violations & Fines

Renting out both the principal dwelling and the attached accessory apartment to separate non-owner tenants, with no owner living on-site for at least eight months of the year, violates Section 17.66.050(G). The Planning and Building Department can revoke the accessory dwelling permit and require the property to return to a single-family use or restore owner occupancy before the apartment may continue operating.

Frequently Asked Questions

Do I have to live in my house if it has an accessory apartment?
Yes. Section 17.66.050(G) requires one of the two dwellings, either the main house or the attached accessory apartment, to be owner-occupied for at least eight months of the year. You cannot rent out both units to separate tenants while living elsewhere.
Does the owner-occupancy rule apply to detached ADUs too?
The eight-month owner-occupancy condition is written into Section 17.66.050, which governs attached accessory apartments under the same roof as the main house. Detached accessory dwellings are covered separately under Section 17.66.060, which instead restricts use to housing aged or disabled relatives rather than requiring owner occupancy.
What happens if I stop living on the property?
The Planning and Building Department can revoke the accessory dwelling permit tied to the apartment under Section 17.66.050(L), since continued approval depends on meeting the conditions in that section, including the eight-month owner-occupancy requirement in Subsection G.

Sources & Official References

Other rules in Franklin County

All Franklin County rules

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